Tenant Raised Defects Too Late

March 1, 1993

LVT Number: 6777

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant stipulated that tenant would pay rent owed in installments. Tenant defaulted on the payment schedule. Tenant asked the court to delay issuing an eviction warrant five times, each time renegotiating the payment schedule. Tenant then went back to court and claimed that landlord's petition contained jurisdictional defects. The trial court and appeals court dismissed tenant's claims. They were raised too late, and landlord made no misrepresentations.

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant stipulated that tenant would pay rent owed in installments. Tenant defaulted on the payment schedule. Tenant asked the court to delay issuing an eviction warrant five times, each time renegotiating the payment schedule. Tenant then went back to court and claimed that landlord's petition contained jurisdictional defects. The trial court and appeals court dismissed tenant's claims. They were raised too late, and landlord made no misrepresentations.

[River Park Associates v. Singleton: NYLJ, p. 21, col. 3 (2/2/93) (App. T. 1 Dept.; Parness, JP, Miller, McCooe, JJ)].

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